Landlord's Creditor Can't Get Rent Judgment

September 30, 1998

LVT Number: 12678

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord but delayed eviction on the condition that tenant make rent payments to landlord. A creditor of landlord's then asked the housing court to be joined in the case and asked that any rent payments from tenant be assigned directly to the creditor, who had a judgment against landlord from another court. The housing court ruled against landlord's creditor. The housing court had no authority by law to permit an outside party to be joined to the case.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord but delayed eviction on the condition that tenant make rent payments to landlord. A creditor of landlord's then asked the housing court to be joined in the case and asked that any rent payments from tenant be assigned directly to the creditor, who had a judgment against landlord from another court. The housing court ruled against landlord's creditor. The housing court had no authority by law to permit an outside party to be joined to the case. Landlord-tenant cases were designed specifically to resolve disputes concerning rights to possession of property and rent owed. Landlord's creditor wasn't entitled to make a claim in the housing court case.

Kavanagh v. McGrory: NYLJ, p. 24, col. 6 (9/2/98) (Civ. Ct. Bronx; Spears, J)

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